A STUDY OF OKLAHOMA'S 'MANUFACTURERS' PRODUCTS LIABILITY DOCTRINE'.

摘要

Scope of Study. This study attempts to determine the effects of the Oklahoma Supreme Court's decision in Kirkland v. General Motors and to explicate post Kirkland products liability case decisions primarily of Oklahoma origin. The major objectives of the study were: (1) to analyze existing products liability law as it exists on a national level and generally; (2) to analyze existing (and project therefrom) Manufacturers' Products Liability law as it exists in Oklahoma; and, (3) to present in one document a rationale for the significant appellate court opinions which have decided issues relating to the status of Manufacturers' Products Liability in this state. Relevant cases were analyzed to determine the role of expressed judicial intent and the protection afforded the user, bystander and consumer, as well as the duty established therein for business and industry. Consistencies and inconsistencies were examined in the judicial decisions regarding this emerging specialty of law.; Findings and Conclusions. The landmark decision handed down by the Oklahoma Supreme Court in 1974 in the Kirkland v. General Motors case created the Oklahoma products liability law, called by the court "Manufacturers' Products Liability." This Oklahoma law is essentially the Restatement (Second) of Torts, (SECTION)402 A version of strict liability in tort. However, Oklahoma's Manufacturers' Products Liability law has a more restrictive plaintiff's conduct defense. Although negligence and Manufacturers' Products Liability are both still available as causes of action, implied warranty has been merged into the new doctrine, except to the extent the Uniform Commercial Code applies, e.g., (SECTION)2-318. Kirkland extended strict liability to manufacturers, retailers, wholesalers, etc. of unreasonably dangerous products and later cases have extended strict tort liability to commercial lessors and bystanders. The Kirkland opinion held that the two year tort statute of limitations measured from the date of injury applies to Manufacturers' Products Liability.